Tag Archives: Michigan schedule III 3 controlled substance

Possession of any type of drug, controlled substance or prescription pill with the intent to deliver it to someone else is a felony under Michigan law. The penalties vary depending on the schedule of the drug and how much of the drug the Defendant had. Possession of marijuana with intent to deliver is a felony. The penalties vary depending on the total weight of the marijuana or how many marijuana plants Defendant possessed. The maximum prison sentences range from four to 15 years.

What the Prosecutor Must Prove

Defendant knowingly possessed marijuana

Defendant created, manufactured, or had the intent to deliver the marijuana to someone else; and

Defendant was not in lawful possession of the marijuana or was acting outside the scope of his lawful duties as a licensee, applicant, or caregiver.

Penalties for Possession of Marijuana with Intent to Deliver

Less than 20 marijuana plants or five kilograms—up to four years in prison and/or fines up to $20,000

20-199 marijuana plants or five to 45 kilograms—up to seven years in prison and/or fines up to $500,000

200 marijuana plants or more or more than 45 kilograms—up to 15 years in prison and fines up to $1,000,000

Federal Government

Often in cases involving 100 marijuana plants or more than five pounds, the federal government will step in and take over. Federal sentencing for possession with intent to deliver is much harsher than the state level. For example, under federal law if you possess 120 or more marijuana plants, you face a mandatory four years in prison whereas at the state for the same offense, more than likely you would be facing county time depending on what your sentencing guidelines are.

Proving the Intent Element

If the prosecutor can’t prove you were creating or manufacturing the marijuana, then they must prove that you possessed it with the intent to deliver it to another person. Prosecutors often have to rely on circumstantial evidence to meet this burden. The focus is on the weight and the packaging among other factors. The prosecutor will need an expert to testify as to the habits of drug dealers and how much marijuana a normal user would usually possess. If the marijuana is packaged in multiple bags as opposed to just one, that can be circumstantial evidence of the intent to sell or deliver the marijuana. Also, evidence of drug scales can also be circumstantial evidence as drug dealers use them to distribute different amounts—something a casual user wouldn’t need. Defendant may need to present an expert to counter the prosecution’s expert. These cases can come down to a “battle of the experts.” It is not uncommon for police to take a simple possession case and escalate it into a felony simply based upon the amount of drugs the person was caught with.

Deferred sentencing under MCL 333.7411 can only be given for marijuana use or marijuana possession. Anything above general drug use or drug possession, including maintaining a drug house, possession of drug paraphernalia, or possession with intent to deliver, is not eligible for 7411.

Defenses

Lack of Knowledge—Defendant must be aware that the marijuana was in his possession in order to be found guilty.

Lack of Intent—Defendant must have created or manufactured the marijuana, or intended to deliver the marijuana to someone else. Defendant is not guilty if he merely possessed it for himself.

Mere Presence—Simply because Defendant was at the scene where drug dealing or drug possession occurred, is not enough to convict him of the crime.

Fourth Amendment Violations-— There may be various constitutional issues that could lead to a suppression of the evidence or dismissal of the charges including: search and seizure violations, lack of probable cause or lack of consent for the police to search, lack of probable cause for a search warrant, chain of evidence custody defects, improper lab testing.

Michigan treats any drug offense seriously, but especially charges involving drug dealing. That is why it is important to have an experienced Michigan drug and marijuana possession attorney thoroughly review all police and lab reports for any deficiencies or legal errors that could be used to get the charges reduced or dismissed.

Michigan Possession with Intent to Deliver Defense Attorney

If you have been charged with creating, manufacturing, or possession of marijuana with the intent to deliver, call Austin Legal Services, PLC today at (517) 614-1983 to speak to our Michigan marijuana and drug possession attorney.

In Michigan, possession of a controlled substance or a prescription drug without a prescription is a crime. The penalties vary depending on the type of drug, amount, location, and if the accused has any prior criminal drug history. If the police and prosecutor believe you possess these drugs with the intent to deliver them to someone else, the punishments are more severe. The penalties vary on the type of drug or drugs that were possessed (what schedule the drugs were) and how much you had (the weight of the drugs).

Under Michigan law (MCL 333.7403), controlled substances are listed in five categories called schedules. Schedule I and Schedule II substances are considered the most addictive, highly dangerous, and widely abused so the punishments are more severe.

What the Prosecutor Must Prove

Defendant knowingly possessed a controlled substance

Defendant created, manufactured, or had the intent to deliver the controlled substance to someone else; and

Defendant was not in lawful possession of the controlled substance or was acting outside the scope of his lawful duties

Penalties

Possession of a Schedule I or Schedule II Controlled Substance narcotic with Intent to Deliver

Less than 50 grams—20 years in prison and/or $25,000 in fines

50-449 grams—20 years in prison and/or $250,000 in fines

450-999 grams—30 years in prison and/or $500,000 in fines

1,000 or more grams—Life in prison and/or $1,000,000 in fines

Consecutive Sentencing—Convictions under this section may run consecutively (after) any other sentences that Defendant is convicted of.

Possession of any other Schedule I, II, or III Controlled Substance (except marijuana) with Intent to Deliver

Possession of any amount of a Schedule III drug with intent to deliver is punishable by up to seven years in prison and/or $10,000 in fines.

Possession of a Schedule IV Controlled Substance with Intent to Deliver

Possession of any amount of a Schedule IV drug with intent to deliver is punishable by up to four years in prison and/or $2,000 in fines.

Possession of a Schedule V Controlled Substance with Intent to Deliver

Possession of any amount of a Schedule V drug with intent to deliver is punishable by up to two years in prison and/or $2,000 in fines.

Possession of Marijuana with Intent to Deliver

Possession of Marijuana with intent to deliver is based upon the total weight or number of plants. It ranges from four to 15 years in prison.

Possession of Prescription Pills or Counterfeit Prescription Pills With Intent to Deliver

Possession of any amount of prescription pills or counterfeit prescription pills with intent to deliver is punishable by up to seven years in prison and/or $5,000 in fines.

Proving the Intent Element

If the police don’t catch you red-handed distributing the drug to someone else, the prosecutor has to prove that you possessed the drugs with the intent to deliver them. They generally try to prove that with circumstantial evidence—the weight of the drugs (too much for a single user), the packaging of the drugs (multiple bags as opposed to one), and other factors. Often they need an expert witness to testify about drug dealers to the jury. You may need to have your own expert to counter the prosecution’s expert.

Deferred sentencing under MCL 333.7411 only applies to drug use and drug possession charges. It does not apply to the more serious charges of drug dealing, possession of drug paraphernalia, or maintaining a drug house or drug car. Unless the prosecutor agrees to lower the charge to drug use or drug possession, you cannot get 7411.

Defenses

Lack of Knowledge—If Defendant was not aware the drugs were in his house, car, or other place the police found them, he cannot be guilty because the law requires that the Defendant knew the drugs were in his possession.

Lack of Intent—Defendant must have intended to deliver the drugs to someone else. If Defendant possessed the drug were his own personal use, he cannot be guilty. Often this comes down to circumstantial evidence and expert testimony.

Mere Presence—Simply because Defendant was at the scene was drug dealing or drug possession occurred, is not enough to convict him of the crime.

Fourth Amendment Violations-— There may be various search and seizure violations that could lead to a suppression of the evidence. This includes everything from challenging the police stop to challenging the search, challenging the search warrant, problems in the chain of custody of the evidence, or problems in the testing of the controlled substance. Only an expert criminal defense attorney will not how to spot problems in the police and lab reports that can lead to suppression and dismissal.

Michigan Possession with Intent to Deliver Defense Attorney

Drug dealing is a very serious crime with severe penalties. If you have been charged with creating, manufacturing, or possession of a controlled substance with the intent to deliver, call Austin Legal Services, PLC today at (517) 614-1983 to speak to our Michigan drug possession attorney.

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